why was he even there in benghazi. hundreds of miles from his embassy. and he was is apparently separated from his security detail. what was all of that about? a lot of questions there. >> judge jeanine: and general, finally, do you consider this an act of war? should we have responded militarily? >> well, the time for that is coming, i think you need to as certain clearly who is responsible and then they need to be taken out. but we are not there yet. it is definitely an act of war. it is not a law enforcement issue as was described earlier. >> judge jeanine: when you say it is not a law enforcement issue you don't think it is something for the fbi to go in and investigate remembering, of course, that the fbi was reluctant to go in because it wasn't safe. >> well, they are a great agency and great law enforcement and investigative agency but this is still part of the continuum of pardon the phrase, war on terrorism. >> judge jeanine: coming up, 45 days to the election and polls show a slight obama lead. but don't let the media fool you. romney isn't out